Legal

Acquiring a Legal Heir Certificate in Rajasthan: Key Steps and Advice

If in the State of Rajasthan, a person dies without formulating a will for all his or her movable and immovable property or assets that is how it would be divided among their legal heirs as per the succession Act. Moreover, to get a succession certificate, which acts as conclusive proof of a person being the deceased person’s legal successor, the concerned person requires a legal heir certificate in Rajasthan. 

Understanding the Legal Heir Certificate in Rajasthan

A legal heir certificate in Rajasthan is an official document which shows or elaborates all existing legal heirs of a deceased person. This legal heir certificate in the Rajasthan offers an ownership right for all the tangible or intangible properties or assets owned by a deceased person to his or her legal heirs. However, the official Rajasthan’s legal heir certificate document is issued by the tehsildar of a respective district or tehsil. It is mandatory to keep a legal heir certificate in Rajasthan to make a claim on insurance, pension, and other government benefits.

Legal Heir Certificate in Rajasthan: Its Purpose

The purpose of a legal heir certificate in Rajasthan is mainly to define or declare the official legal heirs of a deceased person by establishing a relationship with the deceased person legally. The legal heir certificate in Rajashthan is mandatory at the time of claiming the property and assets of a deceased person. Although it is a necessary and vital document, everyone is advised to make an application before the concerned authority.

Moreover, the Rajasthan’s legal heir certificate acts as proof of ownership of properties owned by the deceased person to the concerned legal heirs. Not only this, there are several benefits and other purposes of a legal heir certificate-

1. Legal heir certificate in Rajasthan acts as the conclusive proof of ownership for fixed deposits, savings and other bank deposits made by the deceased person.
2.  Legal heir certificate in Rajasthan offers ownership rights for the insurance policies.
3. It is, in most cases, where legal heirs are eligible for government jobs. Then, he or she requires a this legal heir certificates to establish a relationship with the deceased person to avail of the job benefits.
4. A legal heir certificate in Rajasthan is required at the time of making the transfer of utility services, including the telephone connection, electricity bill, Arms License, etc.
5. A legal heir certificate is required to transfer the pension, gratuity or provident funds which belong to a deceased person.

Eligibility criteria for legal heir certificate in Rajasthan: Eligible persons

A Rajasthan’s legal heir certificate can be easily applied by the family members of a deceased person. Although we are sharing the list of eligible persons who can easily apply for legal heir certificates in Rajasthan-

1. Deceased person’s wife or spouse
2. Deceased person, son or daughter/ Children
3. Parents of deceased person
4. Siblings of deceased person.

Necessary documents required for Legal heir certificate in Rajasthan

It is mandatory to provide the relevant documents so as to get a legal heir certificate in Rajasthan. It is evident that a person who is the heir of a deceased person can make an application before the concerned authority of his or her respective district to get a legal heir certificate in Rajasthan. Moreover, we are going to share a list of documents which are crucially important for getting a Rajasthan’s legal heir certificate as follows-

1. An application form for a legal heir certificate is required and must be duly signed by the applicant.
2. It is mandatory to provide the death certificate of the deceased person. Such certificates are issued from the end of the Municipal Corporation or municipality body.
3. It is important to provide the identity proof of all legal heirs, including the deceased person, such as a ration card, aadhaar card, PAN card, etc.
4. Residence proof is also required, including the deceased person’s living address, etc.

Process to Apply for Legal heir certificate in Rajasthan

A person dies without any will, and there exists some sort of confusion among the family members or authorities to divide the assets or properties of a deceased person. In that situation, a legal heir certificate is basically required. An individual or heir of a deceased person can easily make an application for a Rajasthan’s legal heir certificate either through the online process or offline process. A legal heir certificate is required to avail the properties of the deceased person, including the pension, gratuity, retirement benefits, government benefits, etc. We are here to make you aware of the online and offline processes to get a legal heir certificate in Rajasthan.

Apply in person for legal heir certificate in Rajasthan

An applicant seeking a legal heir certificate in Rajasthan is required to make an application in person before the tehsildar office or Taluk office.

1.  He or she can also apply online using the Rajasthan government portal by using the specified link: https://rajpanchayat.rajasthan.gov.in/home/dptHome Applicants can also use the link provided under the Local Self-government (LSG)¹ and Gram Sarpanch Link.
2. The person applying for a legal heir certificate in Rajasthan can easily visit the Taluk office of their respective area for an application form. It also allows the applicant to make an application on A4 paper and affix a stamp on the same paper as required.
3. After filing the form, the applicant is required to visit the office again to submit the application for a legal heir certificate in Rajasthan along with the requisite documents, including the Aadhard card of heirs, death certificate of the deceased person and other relevant documents.
4. As you submit the required application form with the document, the issuing authority will make an entry in their register and provide an acknowledgement number to confirm the successful submission of the application form.
5. After the submission of the application form, the tehsildar or the concerned authority will assign the task of verifying the entries in the application form to the village Administrative office (VAO) and Mandal Revenue Officer (MRO) or other concerned authorities for verification purposes.
6. The assigned authority will perform ground-level verification and scrutiny of submitted documents. Once the entire verification process is completed, the concerned authority will issue a certificate of legal heirs in the name of all legal heirs of the deceased.

Apply for a Legal heir Certificate in Rajasthan through the Civil Court

1. To make an application for a legal heir certificate in Rajasthan, the applicant or heirs of a deceased person is free to file a petition before the concerned district court under whose jurisdiction the deceased died or resides. Applicants for legal heir can also make an application through an advocate.
2. As the petition gets accepted before the civil court, then the competent court will issue a notice in the local newspaper as well as the respondents. The publication notice in the local newspaper is published for calling of objections, and in case of any objections, then the court of law will give a period of 45 days to prove the objections on the basis of documents.
3. After the expiry of such period, if the court of law finds that there is no such evidence and contests the same petition, then the court of law will pass an order to issue a legal heir certificate in Rajasthan.
4. For the entire process, a nominal fee is required and needs to be paid by the applicant through the judicial stamp in accordance with the court.

Apply for the legal heir certificate through the CSC

1. In order to get a legal heir certificate in Rajasthan, the applicant or the heirs of the deceased person can proceed with his or her application using the CSC centre of the respective areas where the deceased person resides or dies.
2. The applicant must visit the appropriate CSC centre and consult the executive to apply for a legal heir certificate in Rajasthan. The executive will ask to provide the relevant documents, such as the death certificate of a deceased person, identity proof and residence proof of all heirs.
3. The executive will fill the form on behalf of the applicant and provide the acknowledgement of the legal heir form in Rajasthan. The submitted online application will get forwarded to the concerned authority, and after the verification of documents, a legal heir certificate will be issued in the name of all applicants or heirs.
4. The applicant is required to provide a contact detail to the CSC executive to get notification related to the legal heir certificate form on a mobile number. The applicant will get the status of the application form of issuance of a legal heir certificate in Rajasthan or rejection of the certificate on his or her mobile phone.

FAQs

1. https://en.wikipedia.org/wiki/Local_government_in_India